Privacy Act of 1974; System of Records, 20383-20386 [2019-09597]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20383-20386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09597]



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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0077]


Privacy Act of 1974; System of Records

AGENCY: United States Coast Guard, Department of Homeland Security.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify, rename, and reissue a 
current DHS system of records titled, ``Department of Homeland 
Security/United States Coast Guard-008 Courts-Martial Case Files System 
of Records.'' This system of records allows the DHS/United States Coast 
Guard (USCG) to collect and maintain records regarding military justice 
administration and documentation of USCG Courts-Martial proceedings. 
DHS/USCG is renaming this system to ``DHS/USCG-008 Courts-Martial and 
Military Justice Case Files System of Records,'' and updating this 
system of records notice to include new and modified routine uses, as 
well as remove one existing routine use. Additionally, this notice 
includes non-substantive changes to simplify the formatting and text of 
the previously published notice.
    The exemptions for the existing system of records will continue to 
be applicable for this modified system of records notice, and this 
modified system will be continue to be included in DHS's inventory of 
record systems.

DATES: Submit comments on or before June 10, 2019. This modified system 
will be effective upon publication. New or modified routine uses will 
be effective June 10, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0077 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0077. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Brian Burns, (202) 475-3507, [email protected], Privacy 
Officer, Commandant (CG-6d), United States Coast Guard, Mail Stop 7710, 
Washington, DC 20593. For privacy questions, please contact: Jonathan 
R. Cantor, (202) 343-1717, [email protected], Acting Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to modify, rename, and reissue a current DHS system of records 
titled ``DHS/USCG-008 United States Coast Guard Courts-Martial Case 
Files System of Records.'' This system of records is being renamed 
``DHS/USCG-008 Courts-Martial and Military Justice Case Files System of 
Records.'' This system of records allows DHS/USCG to collect and 
maintain records regarding military justice administration and 
documentation of USCG Courts-Martial proceedings. In order to meet the 
requirements of the Uniform Code of Military Justice and Rules for 
Courts-Martial that will take effect on January 1, 2019, in accordance 
with Executive Order 13825 titled ``2018 Amendments to the Manual for 
Courts-Martial,'' this notice includes the following updates:
    (1) Routine Use ``J'' is required to meet the requirements of the 
Manual for Courts-Martial, United States (2019 ed.), Pt. II, Rules for 
Courts-Martial 1106 and 1106A; and
    (2) Routine Use ``K'' is required to meet the requirements of the 
Manual for Courts-Martial, United States (2019 ed.), Pt. II, Rule for 
Courts-Martial 1112(b).
    Routine Use ``J'' will allow the accused and crime victims or their 
counsel to access the court-martial records in order to prepare matters 
to be submitted to the convening authority within the time limit 
prescribed in the Rules for Court Martial. Routine Use ``K'' will allow 
the accused, a victim of an offense of which the accused was charged, 
if the victim testified during the proceedings, and any victim named in 
a specification of which the accused was charged, to receive a copy of 
the record of trial upon request per the Rules for Courts-Martial. 
Routine Uses ``J'' and ``K'' are new and will be replacing Routine Use 
``L'' from the existing SORN.
    Additionally, DHS/USCG is modifying Routine Use ``E'' and adding 
Routine Use ``F'' to conform to OMB Memorandum M-17-12 ``Preparing for 
and Responding to a Breach of Personally Identifiable Information'' 
(January 3, 2017). Routine Use ``I'' from the previous version of this 
SORN regarding the sharing of statistical data about the information in 
this system of records has been removed. All routine uses have been 
renumbered to account for these changes. Lastly, DHS is making non-
substantive changes to the text and formatting of this SORN to align 
with previously published DHS SORNs.
    Consistent with DHS's information sharing mission, records covered 
by this SORN may be shared with other DHS Components that have a need 
to know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, DHS/USCG may share information with appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies consistent with the routine uses set forth in this 
system of records notice.
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.

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    Below is the description of the DHS/USCG-008 Courts-Martial and 
Military Justice Case Files System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    Department of Homeland Security (DHS)/United States Coast Guard 
(USCG)-008 Courts-Martial and Military Justice Case Files System of 
Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the United States Coast Guard 
Headquarters in Washington, DC, and field offices. The Case Matter 
Management Tracking System (CMMT) is the information technology (IT) 
system in which records associated with this function are maintained.

SYSTEM MANAGER(S):
    Commandant, Office of Military Justice (CG-LMJ), United States 
Coast Guard Headquarters, [email protected], 2703 Martin 
Luther King Jr. Ave. SE, Washington, DC 20593-7213.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    14 U.S.C. 632; 10 U.S.C. secs. 801, 806b, 815, 822, 823, 865, and 
892, and other related provisions of Title 10, Armed Forces, Subtitle 
A--General Military Law, Chapter 47--Uniform Code of Military Justice; 
E.O. 11835; E.O. 12198, E.O. 12473, E.O. 12233, and E.O. 13825; DHS 
Delegation 00170.1, ``Delegation to the Commandant of the U.S. Coast 
Guard.''

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to document military justice 
administration and documentation of USCG Courts-Martial proceedings 
relating to all USCG active duty, reserve, and retired active duty and 
retired reserve military personnel and other individuals who are tried 
by, or involved with, court martial.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include all USCG 
active duty, reserve, and retired active duty and retired reserve 
military personnel and other individuals who are tried by, or involved 
with, courts-martial.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include:
     Individual's name;
     Date of birth;
     Social Security number (SSN) (if collected);
     Employee identification number;
     Phone numbers;
     Email addresses;
     Addresses;
     Job-related information including: job title, rank, duty 
station, supervisor's name, and contact information; and
     Records of Trial (contents are in accordance with Article 
54 of the Uniform Code of Military Justice and Rules for Court-Martial 
1112, which includes charge sheets, exhibits, transcript of trial, 
sentencing report, arguments, and various other documents).

RECORD SOURCE CATEGORIES:
    Records are obtained from USCG investigating officers, military, 
and civilian personnel. The records include the records of pre-trial 
preliminary hearings and records of trial for individual courts-
martial. They also include records from post-trial hearing and 
appellate review of such courts-martial, including records of review in 
the Office of the Judge Advocate General and Chief Counsel of the Coast 
Guard, the Coast Guard Court of Criminal Appeals, and the Court of 
Appeals for the Armed Forces.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other federal agency conducting litigation or proceedings 
before any court, adjudicative, or administrative body, when it is 
relevant or necessary to the litigation and one of the following is a 
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on

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disclosure as are applicable to DHS officers and employees.
    I. To the confinement facility, if confinement is adjudged, and the 
confinement facility is not a USCG facility.
    J. To accused and crime victims or their counsel for the purpose of 
submitting matters pursuant to the Manual for Courts-Martial (2019 
ed.), Pt. II, Rules for Courts-Martial (R.C.M.) 1106 and 1106A, a copy 
of the recording of all open sessions of the court-martial, and copies 
of, or access to, the evidence admitted at the court-martial, and 
appellate exhibits. Sealed and classified court-martial recordings or 
materials must be authorized by a military judge in accordance with 
R.C.M. 1106 and 1106A. The term victim is defined in R.C.M. 
1106A(b)(2).
    K. To the accused or the victim of an offense of which the accused 
was charged if the victim testified during the proceeding, and any 
victim named in a specification of which the accused was charged 
without regards to the findings of the court-martial, a copy of the 
record of trial per the Manual for Courts-Martial (2019 ed.), Pt. II, 
Rules for Courts-Martial (R.C.M.) 1112(e). Any sealed exhibits, 
classified information, or closed sessions of the court-martial shall 
not be provided per R.C.M 1112(e)(3). The contents of the record of 
trial are outlined in R.C.M. 1112(b) and the term victim is defined in 
R.C.M. 1106A(b)(2).
    L. To the Veterans Administration (VA) to assist USCG in 
determining the individual's entitlement to benefits administered by 
the VA.
    M. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to demonstrate the accountability of DHS's 
officers, employees, or individuals covered by the system, except to 
the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/USCG stores records in this system electronically or on paper 
in secure facilities in a locked drawer behind a locked door. The 
records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    USCG retrieves records by the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All General Courts-Martial and Special Courts-Martial records 
involving Bad Conduct Discharge are permanent. Transfer to Federal 
Records Center (FRC) 2 years after date of final action. Transfer to 
the National Archives and Records Administration (NARA) 10 years after 
final action (AUTH: NC1-26-76-2, Item 384a). Special Courts-Martial 
other than those involving Bad Conduct Discharges are temporary. 
Transfer to FRC 2 years after date of final action. Destroy 10 years 
after date of final action. (AUTH: NC1-26-76-2, Item 384b). Summary 
Courts-Martial convened after 5 May 1950 are Temporary. Transfer to FRC 
2 years after date of final action. Destroy 10 years after date of 
final action. (AUTH: NC1-26-76-2, Item 384c(1)).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USCG safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCG has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and JRA if applicable, because it is a law enforcement system. However, 
DHS/USCG will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking access to and 
notification of any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Chief Privacy Officer and United States Coast Guard Freedom of 
Information Act (FOIA) Officer whose contact information can be found 
at https://www.dhs.gov/foia under ``Contact Information.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, Washington, DC 20528-0655. Even if 
neither the Privacy Act nor the Judicial Redress Act provide a right of 
access, certain records about you may be available under the Freedom of 
Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, see 
``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of 
this system are

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exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g). 
Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), this system is exempt from 
the following provisions of the Privacy Act, subject to the limitations 
set forth in those subsections: 5 U.S.C. 552a(c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).

HISTORY:
    79 FR 64815 (October 31, 2014); 76 FR 39245 (July 6, 2011); 76 FR 
27847 (May 13, 2011); 73 FR 64961 (October 31, 2008).

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-09597 Filed 5-8-19; 8:45 am]
BILLING CODE 9110-04-P